MILWAUKEE - A Wisconsin federal judge on Nov. 12 ordered a defendant to refrain from any further use of the "Hallowine" trademark in connection with its spiced apple wine (C&N Corporation v. Gregory Kane et al., No. 12-257, E.D. Wis.).
CHICAGO - Fintec Group Inc., a commodities broker that did business with bankrupt Peregrine Financial Group Inc., on Nov. 11 filed a putative class action against US Bank NA in the U.S. District Court for the Northern District of Illinois, alleging that it was complicit in the fraud perpetrated by Peregrine, which misappropriated $200 million in customer-segregated funds (Fintec Group Inc. v. US Bank NA, No. 13-08076, N.D. Ill.).
SAN FRANCISCO - A California federal judge on Nov. 12 denied a California company's motion to transfer a class complaint filed against it by an Ohio company over faxed advertisements (True Health Chiropractic Inc. v. McKesson Corporation, No. 13-2219, N.D. Calif.; 2013 U.S. Dist. LEXIS 161275).
WASHINGTON, D.C. - The federal judge presiding over the antitrust lawsuit filed by the U.S. Department of Justice (DOJ) against US Airways Group Inc. and American Airlines Inc. on Nov. 12 granted Virgin America Airways the right to file an amicus curiae brief in which Virgin says it intends to argue that "unless this merger is blocked, a simple fix for a few large airports will leave most of the hub-hub routes as monopoly markets" (United States of America v. US Airways Group Inc., et al., No. 13-01236, D. D.C.).
WASHINGTON, D.C. - The U.S. Department of Justice (DOJ) on Nov. 12 proposed a final judgment with US Airways Group Inc. and American Airlines Inc. under which the DOJ would drop its merger antitrust lawsuit against the airlines if they divest slots and gates at key constrained airports across the country to low-cost carrier airlines (United States of America v. US Airways Group Inc., et al., No. 13-01236, D. D.C.).
HOUSTON - A Texas federal judge on Nov. 7 adopted a magistrate judge's report and recommendation to dismiss a corporation's petition to confirm an international arbitration award issued in its favor and against the Republic of Equatorial Guinea, but stayed the case pending the outcome of a request to set aside the award in Paris (Fitzpatrick International Limited v. The Republic of Equatorial Guinea, No. 12-1300, S.D. Texas; 2013 U.S. Dist. LEXIS 160522).
WILMINGTON, Del. - Military cargo supply airline Global Aviation Holdings Inc. moved in the U.S. Bankruptcy Court for the District of Delaware for permission to pay certain creditors $1,426,553 as it filed a second bankruptcy in two years (In Re: Global Aviation Holdings Inc., No. 13-12345, Chapter 11, D. Del. Bkcy.).
DETROIT - A group of interested parties in the Chapter 9 bankruptcy of the City of Detroit on Nov. 11 moved in the U.S. Bankruptcy Court for the Eastern District of Michigan for leave to conduct limited discovery regarding the city's motion to secure post-petition financing of $350 million (In Re: City of Detroit, No. 13-53846, Chapter 9, E.D. Mich. Bkcy.).
NEW YORK - A company corporate witness's unsupported testimony that the company never labeled its products in the manner described by an asbestos plaintiff does not warrant summary judgment, a New York justice held in an opinion posted Nov. 7 (Ester Baruch and Nerye Baruch v. Baxter Healthcare Corp., et al., No. 190372/12, N.Y. Sup., New York Co.; 2013 N.Y. Misc. LEXIS 5098).
LOS ANGELES - The attorney representing the bankrupt adult entertainment company that produces videos carrying the name "Girls Gone Wild" on Nov. 8 filed a brief in the U.S. Bankruptcy Court for the Central District of California contending that the trustee's objection to the $20,000 retainer the company paid the attorney is wrong, and the payment should be allowed based on the work performed (In Re: GGW Brands Inc., No. 13-15130, Chapter 11, C.D. Calif. Bkcy.).
NEW YORK - RadioShack Corp. was permitted, under the New York Labor Law (NYLL), to use the U.S. Department of Labor's (DOL) Fluctuating Workweek (FWW) to calculate overtime, a New York federal judge ruled Nov. 7 dismissing a class action wage-and-hour suit filed against the retailer (Jaime Wills, et al. v. RadioShack Corporation, No. 13-2733, S.D. N.Y.; 2013 U.S. Dist. LEXIS 159727).
DETROIT - The bankrupt City of Detroit on Nov. 8 filed a brief in the U.S. Bankruptcy Court for the Eastern District of Michigan contending that its attempt to establish bar dates for claims filed against the bankruptcy estate was not an attempt to deny city employees and retirees the right to vote on the pension and health care claims they may possess in the bankruptcy (In Re: City of Detroit, No. 13-53846, Chapter 9, E.D. Mich. Bkcy.).
NEW YORK - The reorganized version of bankrupt Arcapita Bank B.S.C. on Nov. 7 filed an omnibus brief in the U.S. Bankruptcy Court for the Southern District of New York, contending that $23,036,633 in claims against the bankruptcy estate asserted by three creditors should be disallowed on grounds that they are equity interest claims (In Re: Arcapita Bank B.S.C., No. 12-11076, Chapter 11, S.D. N.Y. Bkcy.).
TAMPA, Fla. - The Florida federal judge overseeing the Accutane multidistrict litigation on Nov. 7 declined to sanction a plaintiff for his unsuccessful remand motion, saying the plaintiff simply did not understand applicable law about corporate citizenship for jurisdictional purposes (In Re: Accutane Products Liability Litigation, MDL Docket No. 2523, No. 8:08-md-2523, Kyle Berry v. Hoffman-La Roche, No. 8:13-1287, M.D. Fla., Tampa Div.).
RIVERSIDE, Calif. - The California Public Employees Retirement System (CalPERS) on Nov. 7 filed a brief in the U.S. Bankruptcy Court for the Central District of California, asking it to reconsider an oral ruling it issued denying CalPERS's direct appeal to the Ninth Circuit U.S. Court of Appeals regarding the City of San Bernardino's eligibility to file for Chapter 9 bankruptcy (In Re: City of San Bernardino, Calif., No. 12-28006, Chapter 9, C.D. Calif. Bkcy.).
SACRAMENTO, Calif. - Two financial companies that together hold more than $35 million in bonds for the public financing of the bankrupt City of Stockton, Calif., on Nov. 7 filed a brief in the U.S. Bankruptcy Court for the Eastern District of California objecting to the city's motion for approval of its plan of adjustment (In Re: City of Stockton, Calif., No. 1232118, Chapter 9, E.D. Calif. Bkcy.).
NEW YORK - Suntech Power Holdings Co. Ltd., which was placed into involuntary bankruptcy by a group of creditors, on Nov. 6 filed a brief in the U.S. Bankruptcy Court for the Southern District of New York contending that the bankruptcy should be dismissed (In Re: Suntech Power Holdings Co. Ltd., No. 13-13350, Chapter 7, S.D. N.Y. Bkcy.).
WILMINGTON, Del. - A barrister-at-law who is permitted to practice law by the Bar of Ireland on Nov. 5 filed a brief opposing the Chapter 15 bankruptcy petition of Irish Bank Resolution Corp. Ltd. (IBRC) filed in the U.S. Bankruptcy Court for the District of Delaware on grounds that the claims made by the Central Bank of Ireland (CBI) on the assets of IBRC are "illegal" (In Re: Irish Bank Resolution Corporation Ltd., No. 13-12159, Chapter 15, D. Del. Bkcy.).
DETROIT - Syncora Guarantee Inc. and Syncora Capital Assurance Inc. (collectively, the Syncora entities) on Nov. 6 filed a brief in the U.S. Bankruptcy Court for the Eastern District of Michigan objecting to the bankrupt City of Detroit's motion seeking an order authorizing between $11 million and $12 million for a public lighting initiative in connection with the city's revitalization that is not tied to recovery for the city's creditors (In Re: City of Detroit, No. 13-53846, Chapter 9, E.D. Mich. Bkcy.).
NEW YORK - A split Second Circuit U.S. Court of Appeals panel on Nov. 6 held that an employer's appeal of attorney fees in a settled wage-and-hour dispute was untimely because it was filed more than 30 days after the settlement was approved (Miguel G. Perez, et al. v. AC Roosevelt Food Corporation, et al., No. 13-497, 2nd Cir.; 2013 U.S. App. LEXIS 22500).
DETROIT - The U.S. government on Nov. 6 filed a brief in the U.S. Bankruptcy Court for the Eastern District of Michigan supporting the constitutionality of Detroit's decision to file for Chapter 9 bankruptcy (In Re: City of Detroit, No. 13-53846, Chapter 9, E.D .Mich. Bkcy.).
NEW ORLEANS - A panel of the Fifth Circuit U.S. Court of Appeals on Nov. 5 affirmed a bankruptcy court's decision that a creditor of a debtor company was not entitled to recover his $1.4 million loan to the company because the loan itself was part of a plan to establish an illegal tax shelter (Terrill J. Horton v. Walter O'Cheskey, Chapter 11 trustee, No. 12-11200, Chapter 11, 5th Cir.; 2013 U.A. App. LEXIS 22468).
WASHINGTON, D.C. - After finding that a Netherlands corporation did not hold an investment under a bilateral investment treaty in relation to shares in a bank, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Nov. 5 released its decision dismissing the claims for lack of jurisdiction (KT Asia Investment Group B.V. Republic of Kazakhstan, No. ARB/09/8, ICSID).
JACKSON, Miss. - The rental car company that does business under the name "Advantage Rent-A-Car" on Nov. 5 filed for Chapter 11 bankruptcy in the U.S. Bankruptcy Court for the Southern District of Mississippi, listing both assets and debts ranging between $100 million and $500 million (In Re: Simply Wheelz d/b/a Advantage Rent-A-Car, No. 13-03332, Chapter 11, S.D. Miss. Bkcy.).
DETROIT - The bankrupt City of Detroit on Nov. 5 filed a brief objecting to the application for an order filed by the Official Committee of Retirees that seeks to retain Dentons US as its counsel, along with a subcontractor of Dentons because the payment structure involved in the arrangement with the subcontractor is "contrary to the fee review order" issued by the bankruptcy court (In Re: City of Detroit, No. 13-53846, Chapter 9, E.D. Mich. Bkcy.).